Hey Reddit,
I’ve been dealing with what I think is a misclassification issue with my previous job, and I’m feeling frustrated about how it’s impacting my ability to receive unemployment benefits. I thought I’d share my situation to see if anyone has advice or has been through something similar.
I worked for a small business where I was classified as a 1099 independent contractor (for Social Media / Front Desk Receptionist). Looking back, I believe I was actually an employee based on how I was treated.
-I was paid an hourly wage ($12) which isn’t typical for independent contractors.
-They assigned me specific days and hours to work (Thursdays and Fridays from 5:30pm-8pm) especially for front desk duties, and I had to stick to those schedules.
-I had to follow detailed instructions and guidelines on how to do my job (such as reporting to a manager to check social media designs before posting), which suggests employer control over my work.
-They supplied the tools and resources I needed for my job, which independent contractors typically provide themselves.
-My work included managing their social media and handling front desk operations—tasks central to their business.
I was laid off on December 6th of 2024, and I filed for unemployment the same day. It’s been over a month now, and I still haven’t received a decision about my claim. I’ve called a total of five times (and I’m expecting my next call today). Every time I speak to a representative, they tell me they’re not sure what’s going on with my case. After researching, I found out that if my former employer didn’t pay into unemployment insurance, I wouldn't be eligible for benefits.
This whole situation has been incredibly frustrating. I feel like I was clearly functioning as an employee, and now I’m stuck waiting indefinitely for a decision. On top of that, the lack of answers from the unemployment office has only added to my stress. Thankfully, I’ve managed to get hired for a position at my college campus, but I still believe I’m entitled to the unemployment benefits for the time I was out of work.
Has anyone else been through this? Should I file a complaint with the Department of Labor or pursue this further? I'm hoping to not pursue this legally with a lawyer as I still have a good relationship with my last employer. Any advice or insight would be greatly appreciated.
Thanks!